Techno and the Apple 13 community have brought an action against Samsung for damages, the facts of which were that in a head on collision involving an oil tanker driven by Samsung and a Toyota land cruiser driven by Nokia a spillage of oil on the road had far reaching effects on the surrounding villages.

The birds which had settled to pick the insects in the oil mire had flown to contaminate the drinking water reservoir for the Apple 13 community located 30 kilometers from the accident spot and most people developed diarrhea diseases as a result.

It is alleged that Samsung was negligent as he was driving the tanker under the influence of alcohol which affected his sense of judgment as he failed to even keep to his lane to hit Nokia who sustained internal injuries. Meanwhile, Tecno who was walking along the road and broke his leg when he tried to run from the thundering bang of the collision and fell into a ditch.

You are required to identify the tort committed herein, clearly explain its elements and state whether techno and Apple 13 are likely to succeed with their action.